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BARR v. BREZINA CONSTRUCTION CO.

No. 71-1661.

464 F.2d 1141 (1972)

Richard E. BARR, Plaintiff, v. BREZINA CONSTRUCTION CO., Inc., a corporation, and Nielsen Scott Co., Inc., Defendants and Third-Party Plaintiffs and Appellants, v. UNITED STATES of America, Third-Party Defendant and Appellee.

United States Court of Appeals, Tenth Circuit.

July 27, 1972.

Attorney(s) appearing for the Case

Glenn C. Hanni, of Strong & Hanni, Salt Lake City, Utah, for Brezina Construction Co., Inc.

P. Keith Nelson, of Hanson, Brandt & Wadsworth, Salt Lake City, Utah (Rex J. Hanson of Hanson, Brandt & Wadsworth, Salt Lake City, Utah, on the brief), for Nielsen Scott Co., Inc.

Glenn J. Mecham, Asst. U. S. Atty. (C. Nelson Day, U. S. Atty., on the brief), for the United States.

Before LEWIS, Chief Judge, and KILKENNY and DOYLE, Circuit Judges.

DOYLE, Circuit Judge.

On this appeal the Brezina Construction Company and the Nielsen Scott Company seek reversal of a judgment denying their indemnity claim against the United States which sought recovery of sums paid by them to Barr, the plaintiff, in the original suit. They paid the sum of $45,000.00 to Barr in settlement of his claim for personal injuries allegedly caused by the negligence of the defendants. The theory of appellants in seeking to shift responsibility...

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